IN THE CASE OF: BOARD DATE: 11 June 2020 DOCKET NUMBER: AR20190014778 APPLICANT REQUESTS: Correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 15 January 1981, to show * her rank/grade as specialist four (SP4)/E-4 * her gender as female * her award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record Under the Provisions of Title 10, U.S. Code, Section 1552), dated 28 September 2019 * Department of Veterans Affairs (VA) letter, dated 30 August 2019 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, U.S. Code (USC), Section 1552 (b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states her DD Form 214 is unreadable, dark, and missing information. She requests that the administrative errors be corrected and she be furnished a corrected copy. 3. Following prior service in the Army National Guard, the applicant enlisted in the Regular Army on 11 November 1976. 4. The applicant’s DA Form 2-1 (Personnel Qualification Record – Part II) shows in: a. Item 9 (Awards, Decorations & Campaigns), she was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar. b. Item 18 (Appointments and Reductions), she was promoted to the rank/grade of SP4/E-4 on 25 April 1979. She was reduced in rank/grade to private first class/E-3 on 14 March 1980, and to private/E-1 on 27 November 1980. 5. The applicant's record is void of orders or other documentation that shows she was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. 6. The applicant was discharged on 15 January 1981, under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), Chapter 10, in lieu of trial by court-martial. The DD Form 214 she was issued shows in: * Item 4a (Grade, Rate, or Rank), the entry "PV1" * Item 4b (Pay Grade), the entry "E1" * Item 11h (Effective Date of Pay Grade), the entry "1980-11-27" * Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), the entry "Marksman, M-16 Rifle" meaning she was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * Item 24 (Character of Service, the entry "Under Conditions Other Than Honorable" 7. Army Regulation 600-200 (Enlisted Personnel Management System (EPMS)), in effect at the time, provided for the reduction in rank/grade to private/E-1, of Soldiers approved for an under other than honorable conditions discharge. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents, evidence in the records and published DoD guidance for consideration of discharge upgrade requests. The Board considered the applicant’s statement, her record of service, the nature of her misconduct, her record of promotions and reductions, the absence of orders reflecting Sharpshooter qualification and the reason for her discharge. The Board found insufficient evidence of in-service mitigation for her absence and the applicant provided no evidence of post-service achievements or letters of reference in support of a clemency determination. The Board determined that the DD Form 214 reflecting the applicant’s separation did not include an entry for gender. Based on a preponderance of evidence, the Board determined that her rank and the absence of gender and a Sharpshooter Qualification Badge on her DD Form 214 were not in error or unjust. 2. After reviewing the application and all supporting documents, the Board found that relief was not warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XXX :XX :XXX DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ADMINISTRATIVE NOTE(S): Not Applicable REFERENCES: 1. Title 10, USC, Section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. This regulation provides that the qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman -- in which an individual has qualified in a prescribed record course. An appropriate bar is furnished to denote each weapon with which the individual has qualified. 3. Army Regulation 600-200, in effect at the time, provided that upon determination by the general court-martial authority that an individual was to be discharged from service under other than honorable conditions, the individual would be reduced to the lowest enlisted grade. Board action was not required for a reduction of this nature. The commander exercising general court-martial jurisdiction would, when directing a discharge under other than honorable conditions, or upon receipt of directive from higher authority, direct reduction of the individual to the rank/grade of private/E-1 by the reduction authority. 4. Army Regulation 635-5 (Separation Documents), then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. A Soldier's gender is not entered on the DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190014778 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20190014778 4 ABCMR Record of Proceedings (cont) AR20190014778 3